Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
ACTION MINUTES
Special Closed Session
Mayor Courtney Welch
Vice Mayor David Mourra
Council Member John J. Bauters
Council Member Sukhdeep Kaur
Council Member Kalimah A. Priforce
Members:
City Council / City as Successor Agency to the Emeryville Redevelopment Agency / Management of Emeryville Services Authority
CITY OF EMERYVILLE
Tuesday, July 16, 2024 6:00 PM Council Chambers
1. CALL TO ORDER
The meeting was called to order at 6:00 p.m.
2. ROLL CALL
Mayor Courtney Welch
Vice Mayor David Mourra
Council Member John J. Bauters
Council Member Sukhdeep Kaur
Council Member Kalimah A. Priforce
Present: 5 -
3. EX PARTE COMMUNICATIONS
No ex parte communications were reported.
4. PUBLIC COMMENT (on Closed Session Items)
0 speakers.
5. CLOSED SESSION - CITY OF EMERYVILLE / MANAGEMENT OF EMERYVILLE
SERVICES AUTHORITY
5.1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6:
5.1.1. ID-2024-189 Agency Designated Representatives: Paul Buddenhagen, City Manager; Lilybell Nakamura, Human Resources Director; Richard Bolanos, Liebert Cassidy Whitmore; Steven Berliner, Liebert Cassidy Whitmore; John Kennedy, City Attorney
Employee Organization: Emeryville Association of Confidential Administrative Management and Professional Employees (CAMP)
5.1.2. ID-2024-190 Agency Designated Representatives: Paul Buddenhagen, City City of Emeryville Page 1 of 5 Printed on 9/6/2024
Special Closed Session ACTION MINUTES July 16, 2024
Manager; Lilybell Nakamura, Human Resources Director; Richard Bolanos, Liebert Cassidy Whitmore; Steven Berliner, Liebert Cassidy Whitmore; John Kennedy, City Attorney
Employee Organization: Service Employees International Union (SEIU), Local 1021
6. CLOSED SESSION - CITY OF EMERYVILLE AS SUCCESSOR AGENCY TO THE
EMERYVILLE REDEVELOPMENT AGENCY
6.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
6.1.1. ID-2022-037 The Successor Agency to the Former Emeryville Redevelopment Agency and the City of Emeryville v. Swagelok Company, et. al., U.S.D.C., Case No. 17-CV-00308-WHO
7. CLOSED SESSION - CITY OF EMERYVILLE
7.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(a):
7.1.1. ID-2022-038 In the Matter of Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, 9th Circuit Court of Appeals, Appeal No. 20-72749; WT Docket No. 19-250, RM-11849.
7.1.2. ID-2022-040 The Successor Agency to the Former Emeryville Redevelopment Agency and the City of Emeryville v. Swagelok Company, et. al., U.S.D.C., Case No. 17-CV-00308-WHO
7.1.3. ID-2022-044 Harris v. City of Emeryville, Alameda Superior Court Case No.
RG21108217
7.1.4. ID-2023-002 Rochelle Conner v. City of Emeryville, et al., U.S.D.C. Case No.
C22-08867
7.1.5. ID-2023-148 Duane Singleton v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV029375
Claim of Duane Singleton, EM 2022-09
7.1.6. ID-2024-012 Kyle Ching v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV054260
Claim of Kyle Ching, EM 2023-04
7.1.7. ID-2024-016 Muneer Nageeb Ali v. City of Emeryville, et al., Alameda Superior Court Case No. 23CV056233
Claim of Muneer Nageeb Ali, EM 2023-08
City of Emeryville Page 2 of 5 Printed on 9/6/2024
Special Closed Session ACTION MINUTES July 16, 2024
7.1.8. ID-2024-017 Ana Biocini v. City of Emeryville, et al., Alameda Superior Court Case No. 24CV058820
Claim of Ana Biocini, EM 2023-09
7.1.9. ID-2024-151 Nearcast, Inc. v. City of Emeryville, Alameda County Superior Court Case No. 24CV062655
7.1.10. ID-2024-152 Grocery Outlet, Inc. v. City of Emeryville, Alameda Superior Court Case No. 24CV069470
7.1.11. ID-2024-284 Taurice Williams v. City of Emeryville, et al., U.S. District Court, Case No. 24-CV-02105 LB
Claim of Taurice Williams, EM 2023-11
8. CLOSED SESSION - CITY OF EMERYVILLE / CITY OF EMERYVILLE AS
SUCCESSOR AGENCY TO THE EMERYVILLE REDEVELOPMENT AGENCY
8.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
8.1.1. ID-2023-155 Property: 5959 Horton Street, Emeryville, CA (Amtrak Station Parcel)
APN: 049-1325-001-02
Agency Negotiators: Paul Buddenhagen, City Manager/Executive Director; John Kennedy, City Attorney/Legal Counsel; Christie Crowl, Special Counsel
Negotiating Parties: City of Emeryville, City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, National Railroad Passenger Corporation (Amtrak); Emery Station West, LLC
Under Negotiations: Direction regarding price and terms of real estate negotiations.
8.1.2. ID-2023-156 Property: APN: 049-1325-001-04 Platform Parcel 4 Agency Negotiators: Paul Buddenhagen, City Manager/Executive Director; John Kennedy, City Attorney/Legal Counsel; Christie Crowl, Special Counsel
Negotiating Parties: City of Emeryville, City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, National Railroad Passenger Corporation (Amtrak)
Under Negotiations: Direction regarding price and terms of real estate negotiations.
8.1.3. ID-2023-157 Property: APN: 049-1325-002 Platform Parcel 3 Agency Negotiators: Paul Buddenhagen, City Manager/Executive Director; John Kennedy, City Attorney/Legal Counsel; Christie Crowl, Special Counsel
City of Emeryville Page 3 of 5 Printed on 9/6/2024
Special Closed Session ACTION MINUTES July 16, 2024
Negotiating Parties: City of Emeryville, City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, National Railroad Passenger Corporation (Amtrak)
Under Negotiations: Direction regarding price and terms of real estate negotiations.
8.1.4. ID-2023-158 Property: 59th Street Extension (Portion) Agency Negotiators: Paul Buddenhagen, City Manager/Executive Director; John Kennedy, City Attorney/Legal Counsel; Christie Crowl, Special Counsel
Negotiating Parties: City of Emeryville, City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, Emery Station West, LLC
Under Negotiation: Direction regarding price and terms of real estate negotiations.
9. CLOSED SESSION - CITY OF EMERYVILLE
9.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8
9.1.1. ID-2023-159 Property: APN: 049-1489-16 Platform Parcel 2 Agency Negotiators: Paul Buddenhagen, City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, National Railroad Passenger Corporation (Amtrak)
Under Negotiation: Direction regarding price and terms of real estate negotiations.
9.1.2. ID-2023-160 Property: APN: 049-1489-010-05 Platform Parcel 1 Agency Negotiators: Paul Buddenhagen, City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, National Railroad Passenger Corporation (Amtrak)
Under Negotiation: Direction regarding price and terms of real estate negotiations.
9.1.3. ID-2023-161 Property: APN 049-1489-015 (Portion) (Bus Bays and Parking Spaces)
Agency Negotiators: Paul Buddenhagen, City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, Emery Station West, LLC Under Negotiation: Direction regarding price and terms of real estate negotiations.
9.1.4. ID-2023-162 Property: APN 049-1489-015 (Portion) (Bus Bays) Agency Negotiators: Paul Buddenhagen, City Manager; John City of Emeryville Page 4 of 5 Printed on 9/6/2024
Special Closed Session ACTION MINUTES July 16, 2024
Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville, National Railroad Passenger Corporation (Amtrak), Alameda-Contra Costa Transit District
Under Negotiation: Direction regarding price and terms of real estate negotiations.
9.1.5. ID-2023-164 Property: 4300 San Pablo Avenue, Emeryville, CA (APN 49-1079-014-01)
Agency Negotiators: Paul Buddenhagen, City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville and EAH, Inc.
Under Negotiations: Direction regarding price and terms of real estate negotiations.
9.1.6. ID-2023-509 Property: 1245 Powell St., Emeryville, CA (APN 49-1314-001-01) Agency Negotiators: Paul Buddenhagen, City Manager; John Kennedy, City Attorney; Christie Crowl, Special Counsel Negotiating Parties: City of Emeryville and Bahman Ghaziani Under Negotiations: Direction regarding price and terms of real estate negotiations.
10. CLOSED SESSION - CITY OF EMERYVILLE / MANAGEMENT OF EMERYVILLE
SERVICES AUTHORITY
10.1. PUBLIC EMPLOYEE APPOINTMENT, PUBLIC EMPLOYEE EMPLOYMENT, pursuant to Government Code Section 54957:
10.1.1. ID-2024-229 Title: City Manager
11. REPORTING OUT OF CLOSED SESSION
City Attorney John Kennedy stated that there were no reportable actions taken.
12. ADJOURNMENT
The meeting adjourned at 6:44 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Emeryville City Council / City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency / Management of Emeryville Services Authority.
/s/ April Richardson, CMC
City Clerk / Secretary
City of Emeryville Page 5 of 5 Printed on 9/6/2024